Lawmakers Enact Clarifications to IMDMA

By
Roscich & Martell Law Firm, LLC
|October 20, 2016

Effective January 1, 2017, there will be several new laws in place pertaining to
Illinois marriage and divorce laws. Some of the family law issues which will be affected by the changes include
child custody, child support, and adoption.

The beginning of 2016 brought major changes to the Illinois Marriage and
Dissolution of Marriage Act (IMDMA). Although lawmakers did a thorough
job in tackling many of the major issues in family law, there were some
areas where clarification was needed. Public Act 099-0763 amends IMDMA
with those clarifications, including:

The two-year ban on amending judgments only applies to “parental
decision-making responsibilities” and not to “parenting-time
provisions;”

The 25-mile relocation standard will be based on an “internet mapping
service;”

A respondent is not required to file a parenting plan if they have not
filed an appearance unless they are ordered by the judge to do so;

The presumed limits on post-high school educational expenses are those
for an “in-state” student at the University of Illinois at
Urbana-Champaign; and

An update of Article 7 of the Parentage Act of 2015 regarding the issues
of artificial reproduction.

Child Support

Public Act 099-0764 makes changes to how child support will be calculated.
Illinois will now be using the income shares model when it comes to determining
how much child support a parent will be paying each month. In the income
shares model, the courts believe that a child should receive the same
parental portion of income they would if the parents were still together.
In households where the parents are together, typically both incomes are
combined for the benefit of the everyone in the family. Thus, following
a divorce or breakup, both parents' incomes are added and then the
court determines what percentage of that total will be the child support
payment amount.

Illinois has been using the percentage of income model to determine child
support, where the amount set is determined as a percentage of the obligor's
(non-custodial parent) income. The other parent's income is not taken
into account for these calculations.

Adoption

An amendment to the Adoption Act will also take effect in January. Public
Act 099-0832 will now require more disclosure to the adoptive parents
regarding information surrounding the adoption, including:

Reasons why the birth parents are placing the child for adoption;

Why the adoptive parents were selected and how that decision was made;

Who selected the adoptive parents; and

Did the birth parents ask for or agree to any post-adoption contact with
the child when they put the child up for adoption?

Illinois family law is frequently changing and evolving and that is why
it is important to consult with a skilled
DuPage County family law attorney when you are faced with divorce, custody, or other critical legal issues.
Call Roscich & Martel Law Firm, LLC at (630) 793-6337 for a confidential
consultation.

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